The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1887-05-27
me Chairman of the Interstate Com
mission Writes Ilanley, of the
Minnesota g Northwestern.
Important Points Made Apparent, One
Being that the Law Must Be
Vigorously Enforced.
The Commission Has No Power to Per-
manently Suspend the LoRg and
Short Haul Clause.

WASHINGTON, Special Telegram, May 1S-
The interstate commission has authorized
the publication of letter as to the inter-
| probation of which there cannot be two
opinions The letter is addressed to General
| Traffic Manager Hanley, of the Minnesota a.
Northwestern road who had complained by
telegraph that his petition asking for relief
| from the operations of the fourth clause OF
the act had not been complied with, and re-
| questing that speedy action should be taken,
as his road was being greatly injured by the
enforcement of the law. The letter or the
commission is written evidence that all
roads under like circumstances and the pub
lie generally may understand the position OF
the commissioners with respect to the law.
The following is the language Of the COM
missions letter:
First--It is obvious that the cases the law
| contemplRtes in which the commission is au-
| thorized to make orders for suspension are ex-
CeptiOnal cases; that is to say whose facts
make them stand apart from ordinary cases. The
act does not detiue them 1t does not state the
grounds that shall warrant relief, but IL plainly
Intends that these grounds in every case shall be
special and peculiar; that where only general
reasons operate the general law shall be left to
! its ordinary course, however serious may be the
consequences in particular cases and TO particu-
| lar roads and interests.
Second-It Is also made plain by the act that
any order for suspension was intended to be
| based upon an Investigation, which should sat-
isfy the commission that the in fact ex-
ceptional, fairly within the intent Of the proyis
ion made for relief. The jurisdiction Of the COM
mission TO make orders Is evidently meant TO be
! somewhat closely restricted. The commission, In
! its correspondence and otherwise every day Is
made aware OF the prevalence III some quarters
Of vague notion that power has been conferred
upon it to interfere anywhere and for any tea-
| sons satisfactory to itself in order to prevent
! what 1t may think likely to be harmful; but You,
| of course, indulge no such baseless notion The
| commission, as you will agree, must ind its au-
thority in law and not in its oSa ideas right or
| pollry.
| tended the general law, in its main features at
| least, TO be permanent law for the country. it
must therefore have contemplated that consider
able sacrifices would necessarily be submitted
| TO by some parties and some interests, while
the general law was being established, for very
obvious reasons. 1t would be quite impossible TO
! introduce considerable changes in the branch OF
! the law which concerns 50 intimately the COM
| merce OF the country without serious conse-
quences to some private interests. In all such
cases. incidental injuries however great they
may be, must necessarily be borne for the gem
eral good. aud II the legislature miRjudges as to
what the general good demands it is to be ex-
pected that in due time it will provide remedy.
THE FIRST QUESTIONS
| to confront the commission upon its orRaniza-
tion were raised upon applications for relief filed
| by railroad companies under the fourth section
| of the act. Cases in which companies were
charging more for the shorter than for the longer
haul over the same line In the same direction
were to be met with in all parts OF the country.
| The reasons for doing this were thought by
managers in many cases absolutely tmper ative,
and to concern the interest Of the public quite
! as much as that OF the taads themselves Ihs
\ interests involved in the question were very
| great and the anticipation of serious injury
! from any sudden change was in some quarters
quite general. The commission, therefore, had
| very earnest appeals made TO IL In support of
corporate applications for relief from boards of
| trade and ether public bodies, tEem representa-
tives of large business interests which feared or
| professed to fear destruction or bankruptcy. In
many cases appeals seemed to be made in the
belief that the probability Of injury OF itself
/ sufficient warrant for The commission to inter-
fere, and grant relieving order. IL its scarcely
necessary TO say to you that any such belief was
without legal support. The ground for suspen-
sion anywhere OF It's ordinary opera,
| for relief without giving the commits
sion such general dispensing power
\ as would not be consistent with sound princt-
\ pies OF government. Congress has not 1ntimated
a purpose to give such power. If the law in its
| general operations were TO prove generally and
] equally mischievous in all directions, commits
/ sion, instead of having greater power for that
reason would on the other hand have no power
| OF suspension whatever, for the simple plain
reason that there would then be no exceptional
/ cases for 1t to act upon. Therefore no cases
would be referred by the act to its Judgment;
but uniform effects were Of course as far from
/ being possible as they were from being contem-
| plated There must and will be exceptional
cases In the absence of any specification OF
! these in The act itself the commission was
obliged to dstermine as best it might what cases
/ were probably In the mind OF congress when
EXCEPTIONAL RELIEF
was provided for 1t also found itself confronted
i with the question whether railroads might de-
termine for themselves, but at their peril,
/ stances and conditions were so far different as
to Justify create charge for the shorter h9ul.
or whether only upon and In view Of such differ
ent circumstances and conditions the commits
sion was empowered to act suspension author
ized by the act was to be ordered alter invests
CATION This was plainly determined by the act
itself The commission, however, deemed II
wise to grant some temporary orders on investi-
1 CATION not as complete as it expects to finally
| siderable mischief could follow from allowing
! the existing conditions Of things TO remain for
a brief period, whether then suffered 10 stand or
not, and that harmful results from sudden
extent be averted. This. Of course. also gave
the commission such opportunity for
careful study Of the system which
would otherwise have been wanting This
method Of proceeding the commission at the
| time believed had important advantages and
still believes will conduce to the lest results in
the end. You speak strongly and earnestly Of
freasons Tor granting your application, but in
order to warrant Y being granted it is not
enough that the application. IL considered by it,
/ self. appears TO have merits. The commission
must consider in each case what effect giving re-
lief to ono applicant viii have upon other inter-
/ ests, and your knowledge Of railroad matters
must enable you to perceive that In some sec
tions of country the Granting of one application
may 50 affect the interests OF other roads as to
create necessity for like relief to several mere;
| the satisfaction OF one claim Eegetting others
l equally meritoriOus, until, IL all satisfied
the exception becomes the rule but when such
is the result, the probable reasons for declining
I TO make any temporary order are very c0nclu-
siye. The commission cannot consent deliber-
ately- to enter upon q highway where,
| TO al appearance there will be no halt
/ ing place within the limits Of .. 1t
i lawful Jurisdiction II the general suspension
| OF long and short haul clause is not to be made
| by single comprehensive order, neither should
/ the same result be reached or approached by
4 granting successive orders in individual cases.
1 In xRhafeHar the cnmmisalnn NAV do IL mnat